A policy primer for YouTubes Terms of Service which was last updated 9th June 2010. Written for assignment 3, Information Politics and Power 303.

1. YouTube
Terms of Service
By E Sutton
Images from Microsoft Clipart

2. “24 hours worth of video content is
uploaded to YouTube per minute”
(“YouTube – YouTube Fact Sheet”, 2010)
“2 billion videos viewed a day”
(“YouTube – YouTube Fact Sheet”, 2010)
Out of that how many users
do YOU think view
YouTube's Terms of Service (TOS)?
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3. Did you know...
You don't even have to visit the YouTube website
to be legally bound by its TOS?
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4. By accessing YouTube content such as...
TEXT  Text
 Graphics
 Audio
 Video
 Scripts
“and other materials you may
Comments

view on, access through, or
contribute to the Service”
(“YouTube - Terms of Service,” 2010)
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5. and using their “Service” which includes
“... all aspects of YouTube, including but not limited to all
products, software and services offered via the YouTube
website, such as the YouTube channels, the YouTube
"Embeddable Player," the YouTube "Uploader" and other
applications.” (“YouTube – Terms of Service,” 2010)
So whether you heard it on an iphone,
saw a video on their website,
an embedded video on a blog,
or in a slideshow...
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6. Your agreement is implied without ever having to have sighted
the YouTube TOS because...
“We provide these Terms of
Service with our Service so that
you know what terms apply to
your use.” (“YouTube - Terms of Service,” 2010)
By viewing a video or uploading content you have acknowledged
“that we have given you a
reasonable opportunity to review
these Terms of Service and that you
have agreed to them.” (“YouTube - Terms of
Service,” 2010)
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7. You also agree that you are:
Over the age of 18 OR have your parents/guardians
consent
AND
That you are able to understand and agree to abide
by the conditions set out within the TOS
If you are under 13 YouTube isn't suitable for you!
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8. So what are you agreeing to?
When you click 'I agree', you agree to comply with the following:
YouTube's Terms of Service agreement
YouTube's privacy notice
and YouTube's Community Guidelines
So you're agreeing to not only one document... but THREE!
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9. Alright... so it's a bit more complex than you thought.
What about my YouTube account?
“You are solely responsible for
the activity that occurs on your
account” (“YouTube – Terms of Service,” 2010)
And should your account be hacked...
“Although YouTube will not be liable for
your losses caused by any unauthorized
use of your account, you may be liable
for the losses of YouTube or others due
to such unauthorized use.” (“YouTube – Terms
of Service,” 2010)
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10. And what YouTube gives, YouTube can take...
If you don't play by YouTube's rules.
Your account can be
TERMINATED
or your content deleted
at the discretion of YouTube
at ANY time
without prior notice.
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11. The rules of play - Part 1
You cannot:
 Modify or alter any functionalityor  Sell access to YouTube or its
aspect of YouTube or its Service content
 Access YouTube via any means  Collect any personal information
other than the way they want you from YouTube to use
to view it commercially
 “circumvent, disable or otherwise  Sell advertising space on Youtube
interfere with security-related
features of the Service” (“YouTube -  Use a video on YouTube to sell an
Terms of Service,” 2010) item (without other information
 Use bots or automated systems to sources)
access YouTube without prior
permission
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12. The rules of play - Part 2
These two are REALLY IMPORTANT.
You cannot:
● “copy, reproduce, make available online or
electronically transmit, publish, adapt, <­­­ This is theft!
distribute, transmit, broadcast, display, sell,
license, or otherwise exploit any Content”
(“YouTube - Terms of Service,” 2010)
● “... submit to the Service any Content or
other material that is contrary to the
While this could result in the ­­­> YouTube Community Guidelines, ... or
termination of your account contrary to applicable local, national, and
or, depending on what you post, international laws and regulations.”
(“YouTube - Terms of Service,” 2010)
you could end up in goal.
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13. You can however...
Open a YouTube account
Access the YouTube service and its content
Comment, rate, like, dislike and subscribe to videos
Upload original content
Maintain a YouTube channel
Use the Embeddable player on your blog
(if you play by the rules)
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14. Of course you need to remember...
You are
“solely responsible for your own Content and the consequences
of submitting and publishing your Content on the Service”
(“YouTube - Terms of Service,” 2010).
You also need to remember to respect Copyright laws and not
publish or use content that is not your own unless you have
permission to use it. YouTube takes copyright very seriously and
will terminate users who breach copyright law.
If unsure don't submit it!
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15. Also by agreeing to this TOS...
You need to be aware that you keep ownership of the content you create
but by letting YouTube host it you:
“grant YouTube a worldwide, non-exclusive, royalty-free, sublicenseable
and transferable license” (“YouTube - Terms of Service,” 2010).
To do almost what ever they want with your content,
“including without limitation for promoting and redistributing part or all of
the Service (and derivative works thereof) in any media formats and
through any media channels.” (“YouTube - Terms of Service,” 2010)
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16. More license information
By submitting Content to YouTube you also give each user “a non-
exclusive license to access your Content through the Service”
(“YouTube - Terms of Service,” 2010) and use it within the limitations of Youtube
TOS and the services available on its website.
If you delete your content the license ceases within “a
commercially reasonable time” (“YouTube - Terms of Service,” 2010)
however YouTube still has the right to “retain, but not
display, distribute, or perform, server copies of your
videos that have been removed or deleted”
(“YouTube - Terms of Service,” 2010)
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17. You know when something is REALLY important because...
It's written mostly in CAPITALS and becomes almost invisible to the reader.
Just like YouTube's Warranty Disclaimer, Limitation of Liability and
Indemnity clauses.
But of course anything that dense, difficult and off putting must have
something meaningful and legally binding to say...
so here follows the shortened version.
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18. Use of YouTube, its content and service,
will be at your own risk.
“TO THE FULLEST EXTENT PERMITTED BY LAW” (“YouTube - Terms of Service,” 2010)
YouTube is not liable for almost anything, including links and content, provided
via their service.
It doesn't matter if it is inaccurate, defamatory, obscenities, gave your computer a
virus, or there was unauthorised access to your personal information.
In agreeing to the TOS you agree that YouTube bears
“NO LIABILITY OR RESPONSIBILITY” (“YouTube - Terms of Service,” 2010)
for any of the above.
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19. And just so you know...
“YouTube reserves the right to discontinue any
aspect of the Service at any time.”
(“YouTube – Terms of Service,” 2010)
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20. Bibliography
YouTube ­ Terms of Service. (2010, June 9). Retrieved September 20, 2010,
from http://www.youtube.com/t/terms
YouTube ­ YouTube Fact Sheet. (n.d.). Retrieved September 25, 2010, from
http://www.youtube.com/t/fact_sheet